Court of Chancery of Delaware

A motion to amend a petition for rescission filed by the purchasers of a painting against an auction house is denied where proposed new claims of mutual mistake of fact, negligent misrepresentation, and/or constructive fraud were barred by the applicable statute of limitations, and the proposed amendment failed to state a claim of negligent misrepresentation as a matter of law.

Appellate Information

• Decided 06/02/2006
• Published 06/23/2006

Judges

Court

• Court of Chancery of Delaware

Counsel

• For Appellant:
  
• Victor F. Battaglia, Sr., Esquire, Biggs and Battaglia, Wilmington, Delaware Attorneys for the Petitioners.


• For Appellees:
  
• Melanie K. Sharp, Esquire, Seth J. Reidenberg, Esquire, Young Conaway Stargatt & Taylor LLP, Wilmington, Delaware;  Michael E. Salzman, Esquire, Russell W. Jacobs, Esquire, Hughes Hubbard & Reed, LLP, New York, New York, Attorneys for the Respondent.